Fall 2016
Volume 5, Issue 4

“THE DOCTOR'S CUT?”

PHYSICIAN'S LICENSE REVOKED FOLLOWING GUILTY PLEA FOR VIOLATING THE ANTI-KICKBACK STATUTE On June 8, 2016, the respondent physician pled guilty to violation of the Anti-Kickback Statute and was subsequently sentenced to twelve (12) months in prison, a $6,000.00 fine and forfeiture of $174,000.00. The respondent admitted that, between September, 2009 and December, 2013, he accepted more than $174,000.00 in bribes for referring patients to Biosound Medical Services (“Biosound”), a mobile diagnostic testing company. As part of the bribery scheme, Biosound paid the respondent’s property tax obligations and home renovation expenses. On August 31, 2016, the respondent entered into a consent order of revocation of his New Jersey medical license. The consent order specifies that the respondent is ineligible to apply for or obtain a New Jersey medical license for a period of three (3) years; however, the respondent shall be ineligible to be granted a license during any period of incarceration, probation, supervised release, or while under the terms of a payment plan for a fine. In addition, the three-year ineligibility period will be extended during any period of time in which the respondent practices medicine in another jurisdiction. The consent order further provides that it is without prejudice to any further action, investigations, or restrictions upon reinstatement by the Board of Medical Examiners, the Attorney General, the Drug Control Unit, the Director of the Division of Consumer Affairs, or any other law enforcement entities, resulting from the respondent’s conduct prior to the entry of the consent order.

PHYSICIAN'S NEW JERSEY LICENSE PERMANENTLY REVOKED FOLLOWING NEW YORK CONVICTION FOR HEALTH CARE FRAUD On or about February 21, 2013, the respondent physician was arrested and charged with health care fraud and other related charges in connection with the delivery and payment for health care services in New York. By way of an Interim Consent Order dated April 5, 2013, the respondent voluntarily surrendered his New Jersey medical license pending the outcome of the New York criminal action. On January 28, 2016, the respondent pled guilty in New York to second degree health care fraud, a class C felony. As a condition of the plea, the respondent agreed to surrender all health care licenses, to never apply for a license during the time of probation and to forfeit $500,000.00, to be paid in full on or before the end of the period of probation. On April 4, 2016, the New York Office of Professional Medical Conduct (“OPMC”) charged the respondent with having acted in concert with others between January 2010 and January 2013 with intent to defraud a health plan by prescribing medically unnecessary HIV medication, valued at more than $400,000.00, to at least 25 Medicare or Medicaid beneficiaries, that respondent billed Medicare or Medicaid for services to these beneficiaries that he had not actually performed, and that Medicare or Medicaid paid more than $400,000.00 for the unnecessary medications. On April 22, 2016, the respondent was sentenced to five (5) years’ probation. By means of a final consent order for revocation of license, dated September 12, 2016, the respondent agreed to surrender his New Jersey medical license, and further agreed the surrender would constitute a permanent license revocation, and that the respondent is forever prohibited from reapplying for a New Jersey medical license or seeking a Controlled Dangerous Substances prescribing registration in New Jersey.

PHYSICIAN'S LICENSE REVOKED FOLLOWING GUILTY PLEA TO INVOLVEMENT IN BIODIAGNOSTIC LABORATORIES KICKBACK SCHEME On November 21, 2013, the respondent physician pled guilty in Federal District Court for the District of New Jersey for the acceptance of bribes as part of the wide-ranging Biodiagnostic Laboratory Services, LLC (“BLS”) bribery scheme. The respondent was sentenced to twenty (20) months in prison, one year of supervised release, a $15,000.00 fine, and forfeiture of $108,000.00. The respondent admitted that, between September, 2010 and April, 2013, he accepted bribes inducing him to refer his patients’ blood samples to BLS for testing and related services. The respondent further admitted to having received bribes in the amount of approximately $3,000.00 per month during this time for these blood specimen referrals. The consent order specifies that the respondent is ineligible to apply for or obtain a New Jersey medical license for a period of three (3) years; however, the respondent shall be ineligible to be granted a license during any period of incarceration, probation, supervised release, or while under the terms of a payment plan for a fine. In addition, the three-year ineligibility period will be extended during any period of time in which the respondent practices medicine in another jurisdiction. The consent order further provides that it is without prejudice to any further action, investigations, or restrictions upon reinstatement by the Board of Medical Examiners, the Attorney General, the Drug Control Unit, the Director of the Division of Consumer Affairs, or any other law enforcement entities, resulting from the respondent’s conduct prior to the entry of the consent order.


THE PHYSICIAN ADVOCACY PROGRAM®
Far too few physicians are aware of the overwhelming weight that would befall them if targeted by the SBME. For SBME Protection go to ThePAP.com.